When domestic institutions fail to uphold the law, or when they themselves are the violators of the law, it may be possible or necessary to seek redress beyond national boundaries. Regional legal frameworks give violated rights-holders the possibility of bringing their case in front of a regional body, providing that the country in question is part of this framework, and providing that all national remedies have either been exhausted or deemed inefficient.

In addition, regional human rights institutions are often competent to monitor the implementation and enjoyment of the right to education, usually through report submission.

The European Court of Human Rights is composed of a 47 independent judges (one judge per State party). The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the States parties of the rights set forth in the Convention or the Protocols thereto (Article 34 of Protocol 11).

Civil society may also submit amicus curiae briefs. Article 36 on third party intervention states:

2. The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.

Reporting

Although the European Court of Human Rights does not have a monitoring procedure as such, the execution of judgements and decisions is supervised by the Committee of Experts. During the supervision process, applicants, NGOs and National Human Rights Institutions can submit communications in writing.

Reporting

Every year States parties submit a report indicating how they implement the Charter in law and in practice (following this guide). The Committee examines the reports and decides whether or not the situations in the countries concerned are in conformity with the Charter. Its conclusions are published every year. If a state takes no action on a Committee decision to the effect that it does not comply with the Charter, the Committee of Ministers addresses a recommendation to that state, asking it to change the situation in law and/or in practice.

According to Article 45 of the African Charter on Human and Peoples’ Rights, the Commission’s mandate includes the protection and promotion of human and peoples’ rights. This includes:

A communication procedure. Article 55 of the African Charter on Human and Peoples’ Rights permits individuals and organisations to submit communications. NGOs may also participate as amicus curiae (‘friend of the court’).

In addition, the ACHPR is also mandated to interpret the provisions of the Charter upon a request by a State party, organs of the African Union or individuals. Some NGOs have approached the Commission for the interpretation of various articles of the Charter.

Reporting

States are required to submit an initial report within two years of ratifying the Charter and periodic reports every two years thereafter. The Working Group on Economic, Social and Cultural Rights has produced guidelines, known as the ‘Tunis Reporting Guidelines' (2012), on what information states should provide with regard to economic, social and cultural rights, including the right to education.

The Court has a broader mandate than the Commission: under Article 3 its jurisdiction extends to all cases and disputes submitted to it concerning the interpretation and application of the Charter and the Protocol establishing the Court, and any other relevant human rights instrument ratified by the states concerned. This includes the Universal Declaration of Human Rights (1948) and UN human rights treaties.

The Court considers applications from relevant non-governmental organisations (NGOs) with Observer Status before the Commission, and individuals can institute cases directly before the Court, if the State party from which they come from has made a declaration allowing such direct applications. As of March 2013, only 7 countries had made such a Declaration (Burkina Faso, Ghana, Malawi, Mali, Rwanda, Tanzania and Republic of Cote d'Ivoire).

Unlike the decisions of the ACHPR and the Committee on the Rights and the Welfare of the Child, the rulings of the Court are binding.

The communications procedure of the Committee, together with the Committee on the Rights of Child complaint procedure, are unique in that they deal exclusively with communications regarding children’s rights; giving voice to one of the world’s most vulnerable groups. They are also both relatively new human rights mechanisms with the potential to make a real impact in the protection of the rights of the child. The communication procedure is established by Article 44 of the Charter:

1. The Committee may receive communication, from any person, group or non-governmental organization recognised by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.

Reporting

The Committee is also competent to receive and review State reports. Article 43 requires that State parties shall report on the measures they have adopted which give effect to the provisions of the Charter and on the progress made in the enjoyment of these rights. State parties must submit an initial report within two years of entry into force, and every three years thereafter.

Article 44 of the American Convention on Human Rights states: ‘Any person or group of persons, or any nongovernmental entity legally recognised in one or more member states of the Organization, may lodge petitions with the Commission containing denunciations or complaints of violation of this Convention by a State Party’.

The Court was established by the American Convention on Human Rights and is composed of seven judges elected in an individual capacity. It has both adjudicatory and advisory jurisdiction. The Court’s advisory function involves issuing advisory opinions on interpretation and conformity of national laws and policies with Convention rights. In relation to its adjudicatory jurisdiction, it is entitled to consider cases submitted to it by the Commission or by State parties, that have accepted the jurisdiction of the Court. Decisions can be found here.

Although there are no specific provisions regulating their submission, NGOs and other organisations are able to submit amicus curiae briefs.

For information on petitioning the Inter-American Human Rights Commission, see relevant Information Brochure.

Reporting

The Inter-American Commission on Human Rights often conducts research on thematic areas and undertakes country visits, at its own discretion. It then produces reports on its findings. The Commission has also established rapporteurships which cover specific countries and thematic areas. Rapporteurs also produce reports and other publications. Lastly, the Commission publishes Annual Reports which include a broad range of information, including information on individual cases, on-site visits, ‘mini-country reports’, and reports on the activities of the rapporteurships.

The Commission also participates, along with civil society, in hearings on specific issues. Hearings and public events on economic, social and cultural rights, including the right to education can be heard here.

For further information on the OAS and its relationship with civil society, click here.